On Amendments And Additions To The Federal Law On Insolvency (Bankruptcy) Of Credit Institutions "

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О несостоятельности (банкротстве) кредитных организаций"

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Spconsumed by Federal Law of December 22, 2014. N 432-FZ RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to Federal Law "On Insolvency (Bankruptcy) of Credit Organizations" Adopted by the State Duma on May 17, 2001 Approved by the Federation Council on 6 June 2001 (In the wording of Federal Law dated 20.08.2004 g. N 121-FZ Article 1. To amend the Federal Law of 25 February 1999 on the insolvency (bankruptcy) of credit institutions (Legislative Assembly of the Russian Federation, 1999, 1097) the following changes and additions: 1. Article 2, paragraph 2, should be supplemented with the words "and (or) if, after the credit institution has revoked the banking licence, the value of its property (s) is insufficient to fulfill the obligations of the credit institution to its creditors". 2. Article 4 should be supplemented with the following paragraph: "allows for the reduction of equity (capital) by the end of the reporting month below the size of the authorized capital, as defined by the constituent instrument of credit," organizations registered in accordance with the procedure established by federal laws and regulations adopted by the Bank of Russia. 3. In article 5, paragraph 2, the words "In the case of credit organizations" should be replaced by the words "On the bankruptcy of a credit institution". 4. (It has been in force since November 27, 2004-Federal Law of 20.08.2004). N 121-F) 5. Article 7 should be supplemented with a new paragraph 5, which read: "Realignment of the size of the authorized capital of the credit institution and the value of its own means (capital);". 6. Article 9, paragraph 3, shall be deleted. 7. Supplement Article 9-1 as follows: " Article 9-1. Aligns the size of the authorized capital of the credit organization and the value of the credit of the credit of the organization 1. If the amount of the credit institution's equity (capital) is less than the size of its authorized capital, the credit institution is obliged to bring the size of the capital and the amount of its capital into conformity with the amount of its authorized capital. Ow-funds (capital). 2. The credit institution is obliged to take a decision on liquidation if the amount of the credit institution's equity (capital) at the end of the second and every subsequent financial year becomes less than the minimum amount of the authorized capital, established by the Federal Law "On joint-stock companies" or by the Federal Act " About Limited Liability".". 8. In article 12: paragraph 1, after the words "Article 4", add "(except for the reasons provided for in paragraph 7 of the said article)"; add a new paragraph 3 as follows: " 3. The Bank of Russia is obliged to send to the credit institution a requirement to adjust the size of the authorized capital of the credit institution and the amount of its own funds (capital) if on the basis of the credit institution's reporting and (or) on the results of a check carried out in accordance with the requirements of the Federal Act " The Central Bank of the Russian Federation (Central Bank of the Russian Federation)" found that the size of the credit institution's own funds (capital) was less than The size of its authorized capital. If in the last 12 months prior to the moment when the Bank of Russia is required by this article to submit to the credit institution a requirement to adjust the size of the authorized capital of the credit institution The organization and values of its own funds (capital), the Bank of Russia has changed the method of calculation of the size of its own funds (capital) of the credit institution, for the purposes of this article the method according to which the amount of own The credit institution's capital (capital) reaches its maximum value. The Bank of Russia is obliged to reduce the size of its authorized capital by 45 days from the moment of receipt of the Bank of Russia's request if it is impossible to increase the amount of its own funds (capital) to the amount of the authorized capital to a value not exceeding the amount of own funds (capital) and to amend the constituent instruments accordingly. Credit organization creditors are not entitled to demand the termination or early fulfilment of its obligations on the basis of a reduction in the amount of the authorized capital of a credit institution produced in accordance with the requirements of this article. articles. This does not apply to the provisions of the Russian Federation's legislation on the obligation to notify creditors of their right to require the credit organization to terminate or advance its obligations and to recover the related damages. "; paragraph 3 should be read as paragraph 4 and read as follows: " 4. From the moment of receipt of the Bank of Russia's request on the implementation of measures on financial recovery of the credit institution until the time of obtaining the relevant permission of the Bank of Russia, the credit institution is not entitled to make decisions on the distribution of profits. between its founders (participants), payment (declaration) of dividends, distribute the profits between its founders (participants) and pay them dividends, as well as to meet the requirements of the founders (participants) for allocation of a share (share) or payment of its real value or the buy-back of the shares. The Bank of Russia sends permission to the credit institution to distribute the profits between its founders (participants), payment (declaration) of dividends, as well as satisfying the requirements of the founders (participants) about the allocation of a share (part ) or the payment of its actual value or the purchase of its shares if the grounds that gave rise to the Bank of Russia's request to implement measures for the financial rehabilitation of the credit institution have been eliminated. ". 9. In article 17: , add a new paragraph 2 as follows: " 2. The Bank of Russia is obliged to appoint a provisional administration to the credit institution no later than the day following the day of withdrawal of the license to carry out banking operations from the credit institution. Replace with "10". 10. (It has been in force since November 27, 2004-Federal Law of 20.08.2004). N 121-FZ) 11. Article 19, paragraph 1, should read: " 1. The interim administration is appointed by the Bank of Russia and in cases provided for by the Federal Act on the restructuring of credit institutions. organizations", the head of the interim administration may be appointed an employee of the State Corporation" Agency for Restructuring of Credit Organizations ".". 12. Article 20 should read as follows: " Article 20. The responsibility of the head of the interim administration for default or improper performance of his duties In the event of default or improper performance by the head of the interim administration he is liable under federal law. ". 13. Article 21, paragraph 1, to be supplemented with new paragraphs 2 and 3 to read: " conducts a survey of the credit institution; establishes the existence of grounds for withdrawal of the banking licence; Under article 20 of the Federal Act on Banks and Banking Activities; ". 14. In article 22: paragraph 1, add new paragraphs to the third and fourth paragraphs, reading: " conducts a survey of the credit institution; establishes the existence of grounds for revoking a licence for implementation Banking operations under article 20 of the Federal Act " About banks and banking";"; paragraph 2 add the following paragraphs to the following paragraphs: is entitled to assemble the founders (participants) of the credit institution in the manner prescribed by federal laws; is entitled to apply to the court on behalf of the credit institution with a request to bring to justice the members of the board of directors (supervisory board) of a credit institution, a single executive the credit institution (director, general director) and (or) members of the collegiate executive body of the credit institution (the board of directors), if their guilty actions (inaction) of the credit institution suffered losses, in the amount of if other grounds and amount of liability are not established by federal law; refers to the court or arbitral tribunal on the recognition of the transactions made by the credit institution within three years of the appointment of the interim administration, invalid if the transactions are in conformity with the grounds for invalidity of the transactions referred to in article 28 of this Federal Law. ". 15. Add article 22-1 as follows: " Article 22-1. Functions of the temporary administration in the case of assignment of it to the credit for the organization of the license for the banking operations 1. The Interim Administration, designated by the Bank of Russia after revoking the license for banking operations from the credit institution, exercises the same functions and powers granted to the provisional administration in accordance with Article 22 of this Federal Law, with the exception of the function of designing, organizing and monitoring the financial rehabilitation of the credit institution. 2. The Interim Administration, designated by the Bank of Russia after withdrawing from the credit institution of a banking license, is obliged to conduct a survey of the credit institution and determine whether it has any grounds of insolvency (bankruptcy) under article 2, paragraph 2, of this Federal Act. The Bank of Russia is sending a request to the Bank of Russia to send the Bank of Russia to the Arbitration Court after the Bank of Russia revoked the banking license from the Bank of Russia. statements about the recognition of the credit institution bankrupt. ". 16. In article 25: , paragraph 2, paragraph 1, should read as follows: " Appeal against the decision of the Bank of Russia on the appointment of a provisional administration, as well as the application of measures to ensure claims against the credit institution suspend the operation of the provisional administration. "; paragraph 2, delete; paragraph 3 read as paragraph 2. 17. Paragraph (2) of article 26, paragraph 6, should read as follows: " The amount of the creditor's claims on monetary obligations and (or) mandatory payments in the amount established at the time of the application of the stay (excluding accrued interest), as well as the sum of the penalties imposed, penalties and other financial (economic) sanctions, interest are calculated in the amount of two thirds of the Bank of Russia's refinancing rate. The accrued interest is payable after the end of the stay. ". 18. Article 28 should read as follows: " Article 28. Invalidity of a credit transaction organization 1. The transaction of a credit institution performed prior to the appointment of the interim administration may be declared invalid by the arbitral tribunal on the application of the head of the interim administration on the grounds provided for in the Civil Code. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The transaction, concluded or committed by a credit institution within the three years preceding the appointment of the interim administration, may be declared invalid by the court upon application by the provisional administration or the creditor of the credit institution in If the price of the transaction and other conditions is significantly different for the credit institution, the party is different from the price and other conditions under which similar transactions are made in comparable circumstances, and if the parties involved in the transaction are The moment she was committed knew or should have known that as a result of the deal, the credit institution will show signs of the credit institution's insolvency (bankruptcy) referred to in article 2 of this Federal Law, or the transaction has been concluded with persons who directly or indirectly control the credit institution, directly or indirectly controlled, directly or indirectly, controlled by it. ". 19. (It has been in force since November 27, 2004-Federal Law of 20.08.2004). N 121-F) 20. (It has been in force since November 27, 2004-Federal Law of 20.08.2004). N 121-FZ) 21. (It has been in force since November 27, 2004-Federal Law of 20.08.2004). N 121-FZ) 22. (It has been in force since November 27, 2004-Federal Law of 20.08.2004). N 121-F) 23. (It has been in force since November 27, 2004-Federal Law of 20.08.2004). N 121-F) 24. (It has been in force since November 27, 2004-Federal Law of 20.08.2004). N 121-FZ) Article 2. The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts into conformity with this Federal Law. " The Bank of Russia to bring its normative acts into compliance with this Federal Law. Article 3. This law shall enter into force on the date of its official publication. The provisions of article 1, paragraph 11, of this Federal Act apply to those credit organizations where there was no interim administration at the time of the entry into force of this Federal Act. The provisions of article 1, paragraph 18, of this Federal Act apply also to transactions concluded by a credit institution prior to the entry into force of this Federal Act. The provisions of article 1, paragraph 22, of this Federal Act are applicable in insolvency (bankruptcy) cases of credit organizations, regardless of the time of their commencement, except in the case of the insolvency representative of the Bank Russia of the interim liquidation balance in accordance with the requirements of article 48, paragraph 3, of the insolvency (bankruptcy) credit organizations ". President of the Russian Federation Vladimir Putin Moscow, Kremlin 19 June 2001 N 86-FZ